ZILA SAHKARI KENDRIYA BANK Vs. TEKRAM NIRMALKAR

JUDGEMENT

(1.) The challenge in this writ petition is to the order dated 28.09.2005, passed by the Registrar, Cooperative Societies in Second Appeal No. 77(2)(One)/18/04, whereby the Registrar had set-aside the order of the Joint Registrar dated 13.07.2004 in First Appeal No. 67- R/2003 and also the order passed by the Deputy Registrar dated 22.02.2003 in Case No. 40/99-55(2).

(2.) The brief facts of the case is that the petitioner is a Cooperative Bank operating in the District Rajnandgaon. The respondent was working as a Manager in the said Cooperative Society. On account of certain charges of shortage in stock of food & fertilizers, the services of the respondent was suspended on 03.10.1992 contemplating a departmental enquiry. A departmental enquiry was initiated by issuance of a charge-sheet, thereafter an inquiry report was submitted and based on the findings of the Inquiry officer, it was decided to terminate the services of the respondent and also to initiate recovery proceedings for the loss caused.

(3.) The respondent challenged the decision of termination of service by raising a dispute under Sec. 55(2) of the Cooperative Societies Act, 1960, which was registered as Case No. 40/99. After the pleadings and proceedings were complete, the Deputy Registrar vide his order dated 22.02.2003 dismissed the claim petition of the employee i.e. the respondent. The order of the Deputy Registrar was subsequently challenged in the First Appeal before the Joint Registrar, who too vide his order dated 13.07.2004 dismissed the First Appeal. The respondent thereafter preferred a Second Appeal before the Registrar, Cooperative Societies, who in turn allowed the Second Appeal by setting aside the two orders of the Deputy Registrar and the Joint Registrar and ordered for reinstatement in service without back wages, which is under challenge in the present writ petition.